[Congressional Record Volume 144, Number 144 (Monday, October 12, 1998)]
[Senate]
[Pages S12403-S12405]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI:
  S. 2627. A bill to amend the powers of the Secretary of the Treasury 
to regulate the manufacture, distribution, and sale of firearms and 
ammunition, and to expand the jurisdiction of the Secretary to include 
firearm products and nonpowder firearms; to the Committee on the 
Judiciary.


          firearms safety and consumer protection act of 1998

 Mr. TORRICELLI. Mr. President, today I introduce the Firearms 
Safety and Consumer Protection Act of 1998. I am sure that this bill 
will face opposition, but I am equally sure that the need for this bill 
is so clear, and the logic so unquestionable, that we will soon see 
hunters, law enforcement agents and other gun consumers fighting for 
the passage of the legislation.
  Mr. President, I have long fought against the gun injuries that have 
plagued America for years. We succeeded in enacting the Brady bill and 
the ban on devastating assault weapons. And in the 104th Congress, even 
in the midst of what many consider a hostile Congress, we told domestic 
violence offenders that they could no longer own a gun. These were each 
measures aimed at the criminal misuse of firearms.
  But there is another subject that the NRA just hates to talk about--
the countless injuries that occur to innocent gun owners, recreational 
hunters, and to law enforcement. Every year in this country, countless 
people die and many more are injured by defective or poorly 
manufactured firearms. Yet the Consumer Product Safety Commission, 
which has the power to regulate every other product sold to the 
American consumer, lacks the ability to regulate the manufacture of 
firearms.
  Amazingly, in a nation that regulates everything from the air we 
breathe, to the cars we drive, the cribs that hold our children, the 
most dangerous consumer product sold, firearms, unregulated. Studies 
show that inexpensive safety technology and the elimination of flawed 
guns could prevent a third of accidental firearms deaths. Despite this 
fact, the Federal Government powerless to stop gun companies from 
distributing defective guns or failing to warn consumers of dangerous 
products.
  Ths gaping loophole in our consumer protection laws can often be 
disastrous for gun users. To take just one recent example, even when a 
gun manufacturer discovered that it had sold countless defective guns 
with a tendency to misfire, no recall was mandated and no action could 
be taken by the Federal Government. The guns remained on the street, 
and consumers were defenseless. Time after time, consumers, hunters, 
and gun owners are each left out in the cold, without the knowledge of 
danger or the assistance necessary to protect themselves from it.
  For too long now, the gun industry has successfully kept guns exempt 
from consumer protection laws, and we must finally bring guns into line 
with every other consumer product. Logic, common sense, and the many 
innocent victims of defective firearms all cry out for us to act--and 
act we must.
  To that end, I am introducing the Firearms Safety and Consumer 
Protection Act, legislation giving the Secretary of the Treasury the 
power to regulate the manufacture, distribution, and sale of firearms 
and ammunition. The time has come to stop dangerous and defective guns 
from killing American consumers. I urge my colleagues to support this 
bill, and I ask unanimous consent that the full text of the legislation 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2627

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Firearms 
     Safety and Consumer Protection Act of 1997''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.

                TITLE I--REGULATION OF FIREARM PRODUCTS

Sec. 101. Regulatory authority.
Sec. 102. Orders; inspections.

                         TITLE II--PROHIBITIONS

Sec. 201. Prohibitions.
Sec. 202. Inapplicability to governmental authorities.

                         TITLE III--ENFORCEMENT

                     Subtitle A--Civil Enforcement

Sec. 301. Civil penalties.
Sec. 302. Injunctive enforcement and seizure.
Sec. 303. Imminently hazardous firearms.

[[Page S12404]]

Sec. 304. Private cause of action.
Sec. 305. Private enforcement of this Act.
Sec. 306. Effect on private remedies.

                    Subtitle B--Criminal Enforcement

Sec. 351. Criminal penalties.

                  TITLE IV--ADMINISTRATIVE PROVISIONS

Sec. 401. Firearm injury information and research.
Sec. 402. Annual report to Congress.

                   TITLE V--RELATIONSHIP TO OTHER LAW

Sec. 501. Subordination to the Arms Export Control Act.
Sec. 502. Effect on State law.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to protect the public against unreasonable risk of 
     injury and death associated with firearms and related 
     products;
       (2) to develop safety standards for firearms and related 
     products;
       (3) to assist consumers in evaluating the comparative 
     safety of firearms and related products;
       (4) to promote research and investigation into the causes 
     and prevention of firearm-related deaths and injuries; and
       (5) to restrict the availability of weapons that pose an 
     unreasonable risk of death or injury.

     SEC. 3. DEFINITIONS.

       (a) Specific Terms.--In this Act:
       (1) Firearms dealer.--The term ``firearms dealer'' means--
       (A) any person engaged in the business (as defined in 
     section 921(a)(21)(C) of title 18, United States Code) of 
     dealing in firearms at wholesale or retail;
       (B) any person engaged in the business (as defined in 
     section 921(a)(21)(D) of title 18, United States Code) of 
     repairing firearms or of making or fitting special barrels, 
     stocks, or trigger mechanisms to firearms; and
       (C) any person who is a pawnbroker.
       (2) Firearm part.--The term ``firearm part'' means--
       (A) any part or component of a firearm as originally 
     manufactured;
       (B) any good manufactured or sold--
       (i) for replacement or improvement of a firearm; or
       (ii) as any accessory or addition to the firearm; and
       (C) any good that is not a part or component of a firearm 
     and is manufactured, sold, delivered, offered, or intended 
     for use exclusively to safeguard individuals from injury by a 
     firearm.
       (3) Firearm product.--The term ``firearm product'' means a 
     firearm, firearm part, nonpowder firearm, and ammunition.
       (4) Firearm safety regulation.--The term ``firearm safety 
     regulation'' means a regulation prescribed under this Act.
       (5) Firearm safety standard.--The term ``firearm safety 
     standard'' means a standard promulgated under this Act.
       (6) Nonpowder firearm.--The term ``nonpowder firearm'' 
     means a device specifically designed to discharge BBs, 
     pellets, darts, or similar projectiles by the release of 
     stored energy.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or the designee of the Secretary.
       (b) Other Terms.--Each term used in this Act that is not 
     defined in subsection (a) shall have the meaning (if any) 
     given that term in section 921(a) of title 18, United States 
     Code.

                TITLE I--REGULATION OF FIREARM PRODUCTS

     SEC. 101. REGULATORY AUTHORITY.

       (a) In General.--The Secretary shall prescribe such 
     regulations governing the design, manufacture, and 
     performance of, and commerce in, firearm products, consistent 
     with this Act, as are reasonably necessary to reduce or 
     prevent unreasonable risk of injury resulting from the use of 
     those products.
       (b) Maximum Interval Between Issuance of Proposed and Final 
     Regulation.--Not later than 120 days after the date on which 
     the Secretary issues a proposed regulation under subsection 
     (a) with respect to a matter, the Secretary shall issue a 
     regulation in final form with respect to the matter.
       (c) Petitions.--
       (1) In general.--Any person may petition the Secretary to--
       (A) issue, amend, or repeal a regulation prescribed under 
     subsection (a) of this section; or
       (B) require the recall, repair, or replacement of a firearm 
     product, or the issuance of refunds with respect to a firearm 
     product.
       (2) Deadline for action on petition.--Not later than 120 
     days after the date on which the Secretary receives a 
     petition referred to in paragraph (1), the Secretary shall--
       (A) grant, in whole or in part, or deny the petition; and
       (B) provide the petitioner with the reasons for granting or 
     denying the petition.

     SEC. 102. ORDERS; INSPECTIONS.

       (a) Authority to Prohibit Manufacture, Sale, or Transfer of 
     Firearm Products Made, Imported, Transferred, or Distributed 
     in Violation of Regulation.--The Secretary may issue an order 
     prohibiting the manufacture, sale, or transfer of a firearm 
     product which the Secretary finds has been manufactured, or 
     has been or is intended to be imported, transferred, or 
     distributed in violation of a regulation prescribed under 
     this Act.
       (b) Authority to Require the Recall, Repair, or Replacement 
     of, or the Provision of Refunds With Respect to Firearm 
     Products.--The Secretary may issue an order requiring the 
     manufacturer of, and any dealer in, a firearm product which 
     the Secretary determines poses an unreasonable risk of injury 
     to the public, is not in compliance with a regulation 
     prescribed under this Act, or is defective, to--
       (1) provide notice of the risks associated with the 
     product, and of how to avoid or reduce the risks, to--
       (A) the public;
       (B) in the case of the manufacturer of the product, each 
     dealer in the product; and
       (C) in the case of a dealer in the product, the 
     manufacturer of the product and the other persons known to 
     the dealer as dealers in the product;
       (2) bring the product into conformity with the regulations 
     prescribed under this Act;
       (3) repair the product;
       (4) replace the product with a like or equivalent product 
     which is in compliance with those regulations;
       (5) refund the purchase price of the product, or, if the 
     product is more than 1 year old, a lesser amount based on the 
     value of the product after reasonable use;
       (6) recall the product from the stream of commerce; or
       (7) submit to the Secretary a satisfactory plan for 
     implementation of any action required under this subsection.
       (c) Authority to Prohibit Manufacture, Importation, 
     Transfer, Distribution, or Export of Unreasonably Risky 
     Firearm Products.--The Secretary may issue an order 
     prohibiting the manufacture, importation, transfer, 
     distribution, or export of a firearm product if the Secretary 
     determines that the exercise of other authority under this 
     Act would not be sufficient to prevent the product from 
     posing an unreasonable risk of injury to the public.
       (d) Inspections.--In order to ascertain compliance with 
     this Act and the regulations and orders issued under this 
     Act, the Secretary may, at reasonable times--
       (1) enter any place in which firearm products are 
     manufactured, stored, or held, for distribution in commerce, 
     and inspect those areas where the products are manufactured, 
     stored, or held; and
       (2) enter and inspect any conveyance being used to 
     transport a firearm product.

                         TITLE II--PROHIBITIONS

     SEC. 201. PROHIBITIONS.

       (a) Failure of Manufacturer To Test and Certify Firearm 
     Products.--It shall be unlawful for the manufacturer of a 
     firearm product to transfer, distribute, or export a firearm 
     product unless--
       (1) the manufacturer has tested the product in order to 
     ascertain whether the product is in conformity with the 
     regulations prescribed under section 101;
       (2) the product is in conformity with those regulations; 
     and
       (3) the manufacturer has included in the packaging of the 
     product, and furnished to each person to whom the product is 
     distributed, a certificate stating that the product is in 
     conformity with those regulations.
       (b) Failure of Manufacturer To Provide Notice of New Types 
     of Firearm Products.--It shall be unlawful for the 
     manufacturer of a new type of firearm product to manufacture 
     the product, unless the manufacturer has provided the 
     Secretary with--
       (1) notice of the intent of the manufacturer to manufacture 
     the product; and
       (2) a description of the product.
       (c) Failure of Manufacturer or Dealer To Label Firearm 
     Products.--It shall be unlawful for a manufacturer of or 
     dealer in firearms to transfer, distribute, or export a 
     firearm product unless the product is accompanied by a label 
     that contains--
       (1) the name and address of the manufacturer of the 
     product;
       (2) the name and address of any importer of the product;
       (3) a specification of the regulations prescribed under 
     this Act that apply to the product; and
       (4) the certificate required by subsection (a)(3) with 
     respect to the product.
       (d) Failure To Maintain or Permit Inspection of Records.--
     It shall be unlawful for an importer of, manufacturer of, or 
     dealer in a firearm product to fail to--
       (1) maintain such records, and supply such information, as 
     the Secretary may require in order to ascertain compliance 
     with this Act and the regulations and orders issued under 
     this Act; and
       (2) permit the Secretary to inspect and copy those records 
     at reasonable times.
       (e) Importation and Exportation of Uncertified Firearm 
     Products.--It shall be unlawful for any person to import into 
     the United States or export a firearm product that is not 
     accompanied by the certificate required by subsection (a)(3).
       (f) Commerce in Firearm Products in Violation of Order 
     Issued or Regulation Prescribed Under This Act.--It shall be 
     unlawful for any person to manufacture, offer for sale, 
     distribute in commerce, import into the United States, or 
     export a firearm product--
       (1) that is not in conformity with the regulations 
     prescribed under this Act; or
       (2) in violation of an order issued under this Act.
       (g) Stockpiling.--It shall be unlawful for any person to 
     manufacture, purchase, or import a firearm product, after the 
     date a regulation is prescribed under this Act with respect 
     to the product and before the date the regulation takes 
     effect, at a rate that is significantly greater than the rate 
     at which the

[[Page S12405]]

     person manufactured, purchased, or imported the product 
     during a base period (prescribed by the Secretary in 
     regulations) ending before the date the regulation is so 
     prescribed.

     SEC. 202. INAPPLICABILITY TO GOVERNMENTAL AUTHORITIES.

       Section 201 does not apply to any department or agency of 
     the United States, of a State, or of a political subdivision 
     of a State, or to any official conduct of any officer or 
     employee of such a department or agency.

                         TITLE III--ENFORCEMENT

                     Subtitle A--Civil Enforcement

     SEC. 301. CIVIL PENALTIES.

       (a) Authority To Impose Fines.--
       (1) In general.--The Secretary shall impose upon any person 
     who violates section 201 a civil fine in an amount that does 
     not exceed the applicable amount described in subsection (b).
       (2) Scope of offense.--Each violation of section 201 (other 
     than of subsection (a)(3) or (d) of that section) shall 
     constitute a separate offense with respect to each firearm 
     product involved.
       (b) Applicable Amount.--
       (1) First 5-year period.--The applicable amount for the 5-
     year period immediately following the date of enactment of 
     this Act is $5,000.
       (2) Thereafter.--The applicable amount during any time 
     after the 5-year period described in paragraph (1) is 
     $10,000.

     SEC. 302. INJUNCTIVE ENFORCEMENT AND SEIZURE.

       (a) Injunctive Enforcement.--Upon request of the Secretary, 
     the Attorney General of the United States may bring an action 
     to restrain any violation of section 201 in the United States 
     district court for any district in which the violation has 
     occurred, or in which the defendant is found or transacts 
     business.
       (b) Condemnation.--
       (1) In general.--Upon request of the Secretary, the 
     Attorney General of the United States may bring an action in 
     rem for condemnation of a qualified firearm product in the 
     United States district court for any district in which the 
     Secretary has found and seized for confiscation the product.
       (2) Qualified firearm product defined.--In paragraph (1), 
     the term ``qualified firearm product'' means a firearm 
     product--
       (A) that is being transported or having been transported 
     remains unsold, is sold or offered for sale, is imported, or 
     is to be exported; and
       (B)(i) that is not in compliance with a regulation 
     prescribed or an order issued under this Act; or
       (ii) with respect to which relief has been granted under 
     section 303.

     SEC. 303. IMMINENTLY HAZARDOUS FIREARMS.

       (a) In General.--Notwithstanding the pendency of any other 
     proceeding in a court of the United States, the Secretary may 
     bring an action in a United States district court to restrain 
     any person who is a manufacturer of, or dealer in, an 
     imminently hazardous firearm product from manufacturing, 
     distributing, transferring, importing, or exporting the 
     product.
       (b) Imminently Hazardous Firearm Product.--In subsection 
     (a), the term ``imminently hazardous firearm product'' means 
     any firearm product with respect to which the Secretary 
     determines that--
       (1) the product poses an unreasonable risk of injury to the 
     public; and
       (2) time is of the essence in protecting the public from 
     the risks posed by the product.
       (c) Relief.--In an action brought under subsection (a), the 
     court may grant such temporary or permanent relief as may be 
     necessary to protect the public from the risks posed by the 
     firearm product, including--
       (1) seizure of the product; and
       (2) an order requiring--
       (A) the purchasers of the product to be notified of the 
     risks posed by the product;
       (B) the public to be notified of the risks posed by the 
     product; or
       (C) the defendant to recall, repair, or replace the 
     product, or refund the purchase price of the product (or, if 
     the product is more than 1 year old, a lesser amount based on 
     the value of the product after reasonable use).
       (d) Venue.--An action under subsection (a)(2) may be 
     brought in the United States district court for the District 
     of Columbia or for any district in which any defendant is 
     found or transacts business.

     SEC. 304. PRIVATE CAUSE OF ACTION.

       (a) In General.--Any person aggrieved by any violation of 
     this Act or of any regulation prescribed or order issued 
     under this Act by another person may bring an action against 
     such other person in any United States district court for 
     damages, including consequential damages. In any action under 
     this section, the court, in its discretion, may award to a 
     prevailing plaintiff a reasonable attorney's fee as part of 
     the costs.
       (b) Rule of Interpretation.--The remedy provided for in 
     subsection (a) shall be in addition to any other remedy 
     provided by common law or under Federal or State law.

     SEC. 305. PRIVATE ENFORCEMENT OF THIS ACT.

       Any interested person may bring an action in any United 
     States district court to enforce this Act, or restrain any 
     violation of this Act or of any regulation prescribed or 
     order issued under this Act. In any action under this 
     section, the court, in its discretion, may award to a 
     prevailing plaintiff a reasonable attorney's fee as part of 
     the costs.

     SEC. 306. EFFECT ON PRIVATE REMEDIES.

       (a) Irrelevancy of Compliance With This Act.--Compliance 
     with this Act or any order issued or regulation prescribed 
     under this Act shall not relieve any person from liability to 
     any person under common law or State statutory law.
       (b) Irrelevancy of Failure To Take Action Under This Act.--
     The failure of the Secretary to take any action authorized 
     under this Act shall not be admissible in litigation relating 
     to the product under common law or State statutory law.

                    Subtitle B--Criminal Enforcement

     SEC. 351. CRIMINAL PENALTIES.

       Any person who has received from the Secretary a notice 
     that the person has violated a provision of this Act or of a 
     regulation prescribed under this Act with respect to a 
     firearm product and knowingly violates that provision with 
     respect to the product shall be fined under title 18, United 
     States Code, imprisoned not more than 2 years, or both.

                  TITLE IV--ADMINISTRATIVE PROVISIONS

     SEC. 401. FIREARM INJURY INFORMATION AND RESEARCH.

       (a) In General.--The Secretary shall--
       (1) maintain a Firearm Injury Information Clearinghouse to 
     collect, investigate, analyze, and disseminate data and 
     information relating to the causes and prevention of death 
     and injury associated with firearms;
       (2) conduct continuing studies and investigations of 
     firearm-related deaths and injuries and the resulting 
     economic costs and losses;
       (3) collect and maintain current production and sales 
     figures for each person registered as a manufacturer under 
     the Gun Control Act;
       (4) conduct research on, studies of, and investigation into 
     the safety of firearm products and improving the safety of 
     firearm products; and
       (5) develop firearm safety testing methods and testing 
     devices.
       (b) Availability of Information.--On a regular basis, but 
     not less frequently than annually, the Secretary shall make 
     available to the public the results of the activities of the 
     Secretary under paragraphs (1), (2), and (3) of subsection 
     (a).

     SEC. 402. ANNUAL REPORT TO CONGRESS.

       (a) In General.--The Secretary shall prepare and submit to 
     the President and Congress at the beginning of each regular 
     session of Congress, a comprehensive report on the 
     administration of this Act for the most recently completed 
     fiscal year.
       (b) Contents.--Each report submitted under subsection (a) 
     shall include--
       (1) a thorough appraisal, including statistical analyses 
     and projections, of the incidence of injury and death and 
     effects on the population resulting from firearm products, 
     with a breakdown, as practicable, among the various types of 
     such products associated with the injuries and deaths;
       (2) a list of firearm safety regulations prescribed that 
     year;
       (3) an evaluation of the degree of compliance with firearm 
     safety regulations, including a list of enforcement actions, 
     court decisions, and settlements of alleged violations, by 
     name and location of the violator or alleged violator, as the 
     case may be;
       (4) a summary of the outstanding problems hindering 
     enforcement of this Act, in the order of priority; and
       (5) a log and summary of meetings between the Secretary or 
     employees of the Secretary and representatives of industry, 
     interested groups, or other interested parties.

                   TITLE V--RELATIONSHIP TO OTHER LAW

     SEC. 501. SUBORDINATION TO ARMS EXPORT CONTROL ACT.

       In the event of any conflict between any provision of this 
     Act and any provision of the Arms Export Control Act, the 
     provision of the Arms Export Control Act shall control.

     SEC. 502. EFFECT ON STATE LAW.

       (a) In General.--This Act shall not be construed to preempt 
     any provision of the law of any State or political 
     subdivision thereof, or prevent a State or political 
     subdivision thereof from enacting any provision of law 
     regulating or prohibiting conduct with respect to a firearm 
     product, except to the extent that such provision of law is 
     inconsistent with any provision of this Act, and then only to 
     the extent of the inconsistency.
       (b) Rule of Construction.--A provision of State law is not 
     inconsistent with this Act if the provision imposes a 
     regulation or prohibition of greater scope or a penalty of 
     greater severity than any prohibition or penalty imposed by 
     this Act.
                                 ______